Patna High CourtCR. MISC./30638/2017bail granted

Manoj Driver @ Manoj Kumar And ANR v. The State Of Bihar

2017-07-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30638 of 2017 Arising Out of PS.Case No. -63 Year- 2017 Thana -KHAGAUL District- PATNA ======================================================

1. Manoj ( Driver ) @ Manoj Kumar son of Ramphal Singh, R/o villageBahu Jamalpur, P.S. Sadar Rohtak, District-Rohtak, Haryana

2. Bhupendra (Khalasi) @ Bhupendra Sharma, son of Hari Kishan. At Present- R/o village-Sidnipur Sarehi, P.S. Bahadurgadh, District-Jhazar, Haryana, Permanent R/o village-Naurangabas, Rajputan, P.S.

Adampurdaroli, District-Bhiwani, Haryana .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted under Sections 30(a) of Bihar Prohibition and Excise Act, 2016. It is alleged that 441 litres of foreign liquor is said to have been recovered from the possession of the petitioners. It has been submitted on behalf of the petitioners that the petitioners are in custody since 09.05.2017. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 441 litres of foreign wine is said to have been recovered from the possession of the petitioners. The petitioner no.1 is driver of

Patna High Court Cr.Misc. No.30638 of 2017 (2) dt.07-07-2017 2/2 the vehicle and the petitioner no.2 is Khalasi of the vehicle. They have no knowledge regarding the goods being transported in the truck. There is no compliance of section 100 of the Cr.P.C. On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna, in connection with Khagaul P.S. Case No. 63 of 2017, Special Case No. 1242 of 2017.

(Sudhir Singh, J) Amit/- U T